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02_Support-based-Approach_Van-STEENBERGHE_FIN.pdf
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Abstract
(en) The ICRC’s support-based approach does not seem unreasonable. However, it leaves many questions unanswered and raises several issues. This paper briefly addresses these issues, namely the added value of the theory in terms of protection (2), the nature of the supported and supporting powers according to this theory (3), the precise meaning and implications of its conditions (4), the applicable law to the NIAC in which the intervening power is involved (5), and the legal basis of this theory (6).
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Van Steenberghe, R., Lesaffre, P., & et al. (2019). The ICRC’s ‘support-based approach’: A Suitable but Incomplete Theory. Question of International Law, 2019(59), 5-23. https://hdl.handle.net/2078.5/122213 (Original work published 2019)